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Search results for: moloman in All Content

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THE PARENTAL AUTHORITY

THE PARENTAL AUTHORITY

AUTORITATEA PĂRINTEASCĂ

Author(s): Bogdan Dumitru Moloman,Lazăr-Ciprian Ureche / Language(s): Romanian / Issue: 1/2016

Keywords: parental authority; parents; child; divorce; presumption; Romanian Civil Code.

The parental authority. In this study, the authors have examined the provivions of the Romanian Civil Code (articles 483-507) concerning the parental authority. The Romanian legislator preferred this notion to the injury of the one of protecting the minor by means of the parents (parental protection) previously stipulated by the stipulations of the Family Code. The Romanian legislator defines the parental authority notion in art. 483 paragraph (1) of the Civil Code as the ensemble of rights and obligations regarding both the child’s person and goods and equally belonging to both of the parents.

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Remarks in connection with the preciput clause in the regulation of the Civil Code

Observații în legătură cu clauza de preciput în statornicirea Codului civil

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 03/2016

Keywords: preciput clause; liberality; partition; matrimonial advantage; Civil Code; legal regulation.

This study is meant to analyse the provisions of Article 333 of the Civil Code regarding the preciput clause. Specifically, there are discussed issues such as: the relevant provisions; the definition of the analyzed institution; the subjects, the object and the legal nature of the preciput clause; the legal characters of the preciput; the effects of the preciput clause; inefficiency and enforcement of the preciput.

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Discussions on the Adoption Approval in Accordance with the Present Regulation
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Discussions on the Adoption Approval in Accordance with the Present Regulation

Discuţii privind încuviinţarea adopţiei în actuala reglementare

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 02/2017

Keywords: Civil Code Law no 273/2004 regarding the adoption procedure; minor; adopter; adoptee; consent; the adoption procedure; filiation; guardianship court; guardianship; means for the protection of minors

The adoption is a measure of child rights protection and is made only to protect the interests of the child. In Romania, the legal status of adoption is regulated by the Law no. 273/2004, republished in the Romanian Official Monitor, Part I, nr. 739, from 23 September 2016 and the Law no. 287/2009 on the Civil Code.This present paper analyses in detail the provisions of Articles 55-59 (the approval of adoption) of Law no. 273/2004 regarding the adoption procedure with reference to the new Civil Code (Law no. 287/2009, republished) and new Civil Procedure Code (Law no. 134/2010, republished).

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Consent – an important player in the adoption procedure

Consimţământul – actor important în procedura adopţiei

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 03/2018

Keywords: adoption; consent to adoption; the Romanian Civil Code;

Undoubtedly, exactly as in each dispute, in the adoption trial as well, the consent occupies an important place. Consent, as it relates to adoption, refers to the agreement by a parent or a person to relinquish a child for adoption and release all rights and duties with respect to that child. The purpose of this paper, which in no case is highlighted by its scope, given the limited and concise benchmarks, is represented exclusively by the analysis of the consent of adoption.

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CONSIDERATIONS REGARDING THE EXERCISE OF PARENTAL AUTHORITY

CONSIDERAŢII ÎN LEGĂTURĂ CU EXERCITAREA AUTORITĂŢII PĂRINTEŞTI DUPĂ DIVORŢ

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 11/2018

Keywords: divorce; parental authority; court; the best interests of the child;

Among the effects of divorce on the relationship between parents and their minor children is found the way of exercising the parental authority. In the present study we chose to analyze how is exercised the parental authority after divorce, presenting the general rule, meaning the exercise of the parental authority of both spouses, together with the criteria considered by the court, as well as exceptions to this rule, meaning the situations in which the exercise of parental authority is attributed with a single parent or is attributed with a person other than the child’s parents.

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CONSIDERATIONS REGARDING THE DIVORCE OF SPOUSES THROUGH THE NOTARIAL PROCEDURE

CONSIDERAŢII ASUPRA DIVORŢULUI SOŢILOR PRIN PROCEDURA NOTARIALĂ

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 01/2019

Keywords: divorce, public notary; the husband’s consent; the effects of divorce; notarial procedure of divorce;

The institution of divorce acquired a new physiognomy after the adoption of the Civil code from 2011. So, the spouses can choose between the divorce in front of the civil status officer or in front of the public notary, not necessarly going to court. In the present study we analyzed the legal provisions applicable to the divorce through the notarial procedure, pointing out it’s particularities.

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Câteva considerații în legătură cu ancheta psihosocială
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Câteva considerații în legătură cu ancheta psihosocială

Câteva considerații în legătură cu ancheta psihosocială

Author(s): Nora Andreea Daghie / Language(s): Romanian / Issue: 11/2019

Keywords: psychosocial investigation; the principle of the best interest of the child; bivalent research;

Divorce requires a continuous monitoring of the quality of adults-children relationships, as well as the development of some emotional connections based on authenticity, availability, respect, safety and warmth.In order to resolve the misunderstandings between parents regarding the exercise of rights and the fulfilment of duties, the court asks the delegate of the guardianship authority to conduct a psychosocial inquiry with regard to the conditions in which a child is raised and educated and how the parents fulfil their duties towards the child.One of the objectives of the psychosocial investigation must be to monitor the dynamics of the relations between the child and the parents after the divorce, because these relations do not have a fixed trajectory, being in a continuous modification and development.In the civil procedural law we do not find a minimum set of norms that regulate the procedure of carrying out the „psychosocial investigation” and the content of the „psychosocial investigation report”, a circumstance that has generated mainly a non-unitary case law, lacking the psychological component.

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Role and functions of the guardianship authority in protecting vulnerable persons. A simple appendix of the judicial bodies or institution with its own role?
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Role and functions of the guardianship authority in protecting vulnerable persons. A simple appendix of the judicial bodies or institution with its own role?

Rolul şi funcţiile autorităţii tutelare în protejarea persoanelor vulnerabile. Simplu apendice al organelor judiciare sau instituţie cu rol propriu?

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 1-2/2019

Keywords: tutelary authority; psychosocial investigation; the guardianship; guardianship; judicial interdiction; the Civil Code;

Under the influence of the New Civil Code, the tutelary authority has played and plays an important role in the protection of vulnerable persons – minors (conduct of psychosocial investigations, establishing guardianship and appointment of curators), elderly persons (assisting them in front of the public notary at the issue of annuity maintenance contracts) and/or persons under judicial interdiction (responsibilities relating to the exercise of guardianship on the assets of these persons, or as the case, regarding the supervision of the way the tutor manages the assets).The importance of tutelary authority is an overwhelming one, give its powers, completeness and expressly stipulated in law.

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Bibliographic codex (September 2019 – October 2020)
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Bibliographic codex (September 2019 – October 2020)

Codex bibliografic (perioada septembrie 2019 – octombrie 2020)

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 1/2020

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Sharing common goods. Liquidation of the matrimonial regime. Relative presumption of community. Different contributions to the acquisition of goods
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Sharing common goods. Liquidation of the matrimonial regime. Relative presumption of community. Different contributions to the acquisition of goods

Partaj bunuri comune. Lichidare regim matrimonial. Prezumţia relativă de comunitate. Contribuţii diferite la dobândirea bunurilor

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 01/2020

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May family relationships be infected and quarantined? About family obligations and rights in pandemic times
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May family relationships be infected and quarantined? About family obligations and rights in pandemic times

Pot fi virusate şi puse în carantină relaţiile de familie? Despre obligaţii şi drepturi familiale în vremuri pandemice

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 2/2020

Keywords: family relationships; pandemic; coronavirus; COVID 19; personal relations; support obligation; divorce ground for divorce; psychosocial inquiry; Guardianship Authority; compensatory benefit;

In this time of uncertainty, during which the pandemic caused by the SARS CoV 2 coronavirus has changed the daily life into an emotional turmoil, leading us, at the same time, to abandon the routine and the daily concerns, and technology has “covered” almost all activities and financial problems have suddenly appeared (again), the cohabitation of family members needs a restart for adaptability to new changes. At present, in the pandemic context, new crisis, uncertainty periods have laid hands on us; we are on the thin line between fear and hope. The fear for a uncertain and problematic future, regarding the unspoiled maintenance of family, interpersonal relationships, leads us towards emotional instability, however, despite all these issues, the hope for identifying a new interior strength which is imperative for maintaining or, as the case may be, renewing the family relationships makes us powerful and thus, we can envisage a bright future, in which these relationships will be involved in a harmonious chain with the feelings being stored inside all family members and more. Isolation or, if appropriate, the measure of quarantine should bring us closer to each other, benefiting from the time spent together, and the conflicts which have usually been difficult to manage, should be settled. Although being optimistic, we could consider these measures taken by the authorities as an opportunity to know each other, to do things and share experiences, “activities” which, because of daily bustle have been ignored, we can’t stop finding that, to an equal extent, these measures ordered by authorities may cause deep injuries, states of anxiety, disagreements, which, finally, determine the intervention of the courts to settle interfamily conflicts. In this study we deal with the analysis of the impact of the pandemic caused by the SARS CoV 2 coronavirus over family relationships, especially on maintaining the personal relationships between the child and the non resident parent, on the fulfilment of the obligation to support the minor child, on the conduct of the psychosocial inquiry necessary in civil proceedings concerning minors, on the suspension of the term of reflection granted in the case of divorce by a notarized deed and, why not, on the two year deadline established by the legislator as a ground for divorce.

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Divorce claim. Jurisdiction of the court’s district where the last common residence of the spouses is located
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Divorce claim. Jurisdiction of the court’s district where the last common residence of the spouses is located

Cerere de divorţ. Competenţa judecătoriei în circumscripţia căreia se află cea din urmă locuinţă comună a soţilor

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 2/2020

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Bibliographic codex (September 2019 – December 2020)
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Bibliographic codex (September 2019 – December 2020)

Codex bibliografic (perioada septembrie 2019 – decembrie 2020)

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 2/2020

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Bibliographic codex (January-September 2021)
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Bibliographic codex (January-September 2021)

Codex bibliografic (ianuarie-septembrie 2021)

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 2/2021

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Aspects on the evolution of parental authority. (I) Concept and principles
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Aspects on the evolution of parental authority. (I) Concept and principles

Aspecte privind evoluţia autorităţii părinteşti. (I) Noţiune şi principii

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 1/2022

Keywords: parental authority; notion; principles; old laws; Roman law;

Parental authority has its roots in the old Roman law, where it was known as “patria potestat”, and represented an absolute, original, and exclusive right of roman citizen in relation to their sons and daughters, but its legal regime evolved over time. As years go by, we are nothing else but the sum of experiences that formed us. Can we say the same thing when focusing on a legal institution in the attempt to discover its true purpose? Parental authority, as it is currently regulated, expresses the sum of the experiences under the old laws or just a return to the past, under a new name? The paper aims to present in a concise manner the evolution of the “parental authority” notion, and of the principles that govern this institution which has a tremendous role over the child’s development, and his transformation into an adult.

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Bogdan Dumitru Moloman, Lazăr-Ciprian Ureche, Civil Code. Book II. About family. Art. 258-534. Comments, explanations and case law, 2nd edition, revised and added by Bogdan Dumitru Moloman, Universul Juridic Publishing House, Bucharest, 2022
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Bogdan Dumitru Moloman, Lazăr-Ciprian Ureche, Civil Code. Book II. About family. Art. 258-534. Comments, explanations and case law, 2nd edition, revised and added by Bogdan Dumitru Moloman, Universul Juridic Publishing House, Bucharest, 2022

Bogdan Dumitru Moloman, Lazăr-Ciprian Ureche, Codul civil. Cartea a II-a. Despre familie. Art. 258-534. Comentarii, explicaţii şi jurisprudenţă, ediţia a II-a, revăzută şi adăugită de Bogdan Dumitru Moloman, Editura Universul Juridic, Bucureşti, 2022

Author(s): Emese Florian / Language(s): Romanian / Issue: 1/2022

Keywords: Bogdan Dumitru Moloman; Lazăr-Ciprian Ureche;

Review of: Bogdan Dumitru Moloman, Lazăr-Ciprian Ureche, Civil Code. Book II. About family. Art. 258-534. Comments, explanations and case law, 2nd edition, revised and added by Bogdan Dumitru Moloman, Universul Juridic Publishing House, Bucharest, 2022

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Event
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Event

Eveniment

Author(s): Author Not Specified / Language(s): Romanian / Issue: 1/2022

Keywords: Civil Law Conference; The family;

În zilele de 22 şi 23 octombrie 2021, Revista de Dreptul Familiei a organizat, în parteneriat cu Facultatea de Drept din cadrul Universităţii din Bucureşti şi Editura Universul Juridic, „Conferinţa (Inter)naţională de drept civil. Familia”, eveniment ajuns la a IV-a ediţie. Această ediţie a fost una de tranziţie, de la o conferinţă naţională spre una internaţională.

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Bibliographic codex (October 2021-October 2022)
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Bibliographic codex (October 2021-October 2022)

Codex bibliografic (octombrie 2021-octombrie 2022)

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 2/2022

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Questions, doubts and uncertainties regarding the powers of the guardianship authority after the entry into force of Law no. 140/2022
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Questions, doubts and uncertainties regarding the powers of the guardianship authority after the entry into force of Law no. 140/2022

Întrebări, îndoieli şi incertitudini privind atribuţiile autorităţii tutelare după intrarea în vigoare a Legii nr. 140/2022

Author(s): Bogdan Dumitru Moloman / Language(s): Romanian / Issue: 01/2023

Keywords: Law no. 140/2022; assistance; special guardianship and legal advice; guardianship; minor; guardianship authority;

With the entry into force of Law no. 140/2022 and the emergence of new forms of protection of persons in special situations, the legislator has assigned new powers to the guardianship authority, but without providing the necessary tools for their implementation. With this study, even if its purpose is not an exhaustive analysis of the new protection measures, we will try to answer the many questions that hang over the way in which the guardianship authority will carry out its new powers conferred by the legislator.

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Event

Event

Eveniment

Author(s): Author Not Specified / Language(s): Romanian / Issue: 01/2023

Keywords: conference; civil law; The family;

În zilele de 11 şi 12 noiembrie 2022, Revista de Dreptul Familiei a organizat, în parteneriat cu Facultatea de Drept din cadrul Universităţii din Bucureşti şi Editura Universul Juridic, „Conferinţa (inter)naţională de drept civil. Familia”, eveniment ajuns la a V-a ediţie.

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